Guidance for residents - Making a representation
The Licensing Act 2003 is based around four principles; prevention of crime and disorder, promotion of public safety, prevention of public nuisance and protection of children from harm.
If you wish to make a representation to any application, you must be able to demonstrate that the granting of it would undermine one or more of the licensing objectives. The licensing objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Copies of all representations will be forwarded to the applicant. Anonymous representations will not be accepted by the Licensing Authority. Only under exceptional circumstances will the Licensing Authority not disclose ANY personal details. This means that your name, as a minimum, will be made public and in some instances the street name. References to the house number, telephone numbers and email addresses will be removed.
Please be aware that you will be invited to attend in person to a hearing should the licence application have to be determined by the Council's Licensing Sub-Committee. Your representation will also be included in the papers presented to the committee and therefore will pass into the public domain. It is therefore possible that details of your representation may be picked up by journalists. Further information on making a representation can be obtained at the following link.
http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/4054.aspx
If you are worried that a licensing application will affect you or your property you can apply for a review of that licence.
Who can ask for a review?
At any stage, following the grant of a premises licence, a responsible authority (such as the Police or the Fire Authority), or an interested party (such as a resident living in the vicinity of the premises), may ask the licensing authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives listed above.
The legislation defines those who can make representations as the following:
An interested party
An interested party is a person living in the vicinity of the premises; or a body representing persons who live in the vicinity of the premises; or a person involved in a business in that vicinity; or a body representing persons involved in such businesses.
‘In the vicinity’ is a broad term and difficult to define precisely. If you are directly affected by the activities of a premises, either in your home or at your place of business, you are likely to be located ‘in the vicinity.’ Accordingly, you would be someone who could make a representation or apply for a review.
Responsible authorities
Responsible authorities are the Police, Fire Authority, Health and Safety Authority, Planning Authority, Trading Standards Authority, Pollution Control and Child Protection Committee. These authorities are able to request a premises review.
The Licensing Authority has no power itself to object to a licence application or initiate a review.
What is the best way to prepare for a review?
It is important that a representation or a request for a review of a premises licence is not frivolous, vexatious or repetitious. In such cases, the law requires that this representation or request for review
be denied. A repetitious representation is one that is made on the same grounds as an earlier representation and insufficient time has passed between the two applications, unless there are compelling
reasons for the case.
In order to prepare for a successful review the following steps are recommended:
1. Speak to the person responsible for the management of the premises that are causing the nuisance and explain to them why the premises are causing a problem to you. Keep a record of this discussion and the outcome.
2. Contact our Enforcement Protection team whenever the premises are causing a nuisance so that an independent professional person is able to witness the problems you are experiencing. The contact number and address for this service can be found at the bottom of this page.
3. Keep a clear and factual record of when the activities in the premises cause a nuisance to you.
Detail such as:
• What is causing the nuisance
• When it occurs
• How often it occurs
• How long the nuisance lasts for
• How it affects you personally
• What you did to mitigate the circumstances
Video, tape recording or photographic evidence is also particularly useful. It is important that this information is precise, in that the problem you are experiencing relates to the premises. A one off event would not normally be considered as reason for a review of a premises licence.
4. If after a reasonable period of time you can demonstrate a pattern of disturbance and the nuisance continues, although the premises have received informal warnings, then it is time
to call the licence in for review.
How do I apply for a review of a premises licence?
The application for review must relate to a particular premises for which a premises licence is in existence (to check if a premises has a licence search the premises licence register) and must be relevant to the promotion of one or more of the licensing objectives.
The application must be made on the prescribed form, which can found here:
or we can send one to you. See our contact details at the bottom of this page.
This form must be sent to us (if the premises in question is this borough), and it should be accompanied by any supporting evidence for your case.
You must also send this form and any supporting information to the premises licence holder and each of the responsible authorities. Details of the responsible authorities are given at the bottom of this page. There are 7 in total.
Any late submission of evidence may result in it not being able to be used.
Please note: the Licensing Act 2003 does not have the provisions to protect anonymity and therefore your name and address will be and any supporting information may be passed to the holder of the premise licence so that it can be proved that you are within ‘the vicinity’ of the premises.
If your application for review is accepted as valid then the Licensing Authority will display the application at the premises concerned, the council offices and on their website for 28 days. Any other interested person may make representations in writing to the licensing authority. At the end of this time a hearing will be held
(usually) within 28 days. You, the licence holder and any other people making representations will be invited to attend.
Following a hearing the Licensing Sub-Committee can decide to either take no action, impose new conditions or modify existing ones, restrict the hours of licensable activities or exclude licensable activities, remove the designated premises supervisor, suspend the licence for up to 3 months or revoke the licence all together.
Appeals
Anyone who lodges a representation or a review may appeal against the decision of the Licensing Authority to the Magistrates court.
The premises licence holder may also appeal against any decision made.
Other legislation
The licensing system is not the only way of regulating licensed premises and other legislation may apply. The Act should not duplicate other legislation and legislation to control noise problems, health and safety at work or fire safety legislation may be more appropriate to deal with a particular problem.
If your problem with the premises is noise/nuisance related please contact our pollution team.
If the problem is related to safety, then please contact the health and safety team.
If the problem is related to fire safety then please contact the London fire & Emergency Planning Authority (LFEPA.)
If in doubt as to the best person to contact the licensing authority will be able to give you the required information.
The advice above is based on information available at the time of writing. It is intended for guidance only and does not provide authoritative legal advice. Only the courts can interpret legislation with definitive authority. You are advised to seek your own professional advice where necessary.
How to contact us
Please contact us at any time for advice or to request a review form.
Submit a service request or enquiry
Phone: 020 8753 1081
Fax: 020 8753 3922
Email: licensing@lbhf.gov.uk
London Borough of Hammersmith & Fulham
Licensing Authority
Town Hall Extension
King Street, London W6 9JU.
Responsible authorities:
1. The Chief of PoliceEmail: stuart.ratcliffe@met.pnn.police.
Phone: 020 8246 2974
Fax: 020 8246 2881
Metropolitan Police
FAO: stuart.ratcliffe
Fulham Police Station
Heckfield Place
London, SW6 5NL
2. London Fire & Emergency
Planning Authority (LFEPA),
Email: hammersmith&fulhamgroup@london-fire.gov.uk
Phone: 020 7587 4800
Fulham Community Fire Safety Centre
190-192 Shepherds Bush Road
London, W6 7NL
3. Pollution control team (night time)
Email: environmentalprotection@lbhf.gov.uk
Phone: 020 8748 8588
Fax: 020 8753 3922
London Borough of
Hammersmith & Fulham
Environmental Protection
5th Floor
Town Hall Extension
King Street, London, W6 9JU
4. Trading Standards
Email: trading_standards@lbhf.gov.uk
Address as Licensing Authority
5. Health & Safety
Email: commercialservices@lbhf.gov.uk
Address as Licensing Authority
6. Area Child Protection Committee
Email: hflscb@lbhf.gov.uk
Phone: 020 8753 5317
Fax: 08717 502 342
FAO: Review and Quality
Assurance Team,
Hammersmith & Fulham
Children Services,
Barclay House, Effie
Road,
London,
SW6 1EN.
Phone: 020 8753 5317
7. Planning Authority
Email: planning@lbhf.gov.uk
Phone: 020 8753 1084
Fax: 020 8753 3470
Planning Division
Environment Department
5th Floor
Town Hall Extension
King Street, London, W6 9JU
Other useful contacts:
Pollution control team (daytime)
Email: environmentalprotection@lbhf.gov.uk
Phone: 020 8753 1084
Fax: 020 8753 3922
London Borough of
Hammersmith & Fulham
Environmental Protection
5th Floor
Town Hall Extension
King Street, London, W6 9JU
Page last updated: 06/11/2011
